LAW503 Administrative Law (8)

This subject provides a critical examination of the rights of individuals, corporations, businesses and the public as a whole in relation to government agencies and officials. It considers the impact of politics and the way rights and entitlements are protected against administrative action, the grounds of redress at several different levels, available remedies and the use of case law and legislative reforms within a democratic framework.

Availability

Session 2 (60)
Online
Wagga Wagga Campus

Continuing students should consult the SAL for current offering details: LAW503. Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.

Subject Information

Grading System

HD/FL

Duration

One session

School

School of Accounting and Finance

Enrolment Restrictions

Postgraduate students only

Subject Relationships

LAW260 This subject covers similar material to LAW260, but at a more sophisticated level

Learning Outcomes

Upon successful completion of this subject, students should:
  • be able to apply theoretical principles of administrative law in professional practice;
  • be able to research, analyse and evaluate administrative law provisions and case law and identify and propose areas of reform in relation to case studies;
  • be able to recognise the kinds of errors that administrative bodies make and distinguish, compare and evaluate the different forums where an administrative error can be challenged, taking into account the different outcomes relative to that forum;
  • be able to identify, evaluate and apply available remedies, methods and grounds of review to case studies;
  • be able to critically analyse recent developments in the rights of individuals in relation to government bodies;
  • be able to interpret when and how reasons for decisions must be provided.

Syllabus

This subject will cover the following topics:
  • definition of administrative law; scope, content and development of administrative law;
  • ultra vires (lack of power and defective use of power);
  • jurisdictional error;
  • errors of law on the face of the record;
  • procedural fairness or natural justice; general principles, when natural justice is available, restrictions, nature of the duty to hear, bias in decision making;
  • prerogative writs;
  • equitable remedies;
  • parliamentary control of administrative action;
  • Ombudsmen;
  • background and overview of the "new" administrative law;
  • the administrative appeals tribunal;
  • the Administrative Decisions (Judicial Review) Act, 1977 (Cth);
  • The Freedom of Information Acts of the Commonwealth and the States;
  • Privacy legislation.

Indicative Assessment

The following table summarises the assessment tasks for the online offering of LAW503 in Session 2 2019. Please note this is a guide only. Assessment tasks are regularly updated and can also differ to suit the mode of study (online or on campus).

Item Number
Title
Value %
1
Reflective note
10
2
Case study short answers
20
3
Problem question
30
4
Take-home assignment
40

The information contained in the CSU Handbook was accurate at the date of publication: July 2020. The University reserves the right to vary the information at any time without notice.

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